Jon Gosselin will countersue TLC for $5 million, RadarOnline.com has learned exclusively.
The reality TV star is the defendant in a breach of contract lawsuit from the cable network and now will file his own lawsuit. Jon is facing a preliminary injunction hearing in Maryland court on December 14 and, as RadarOnline.com reported exclusively, he will be forced to testify.
But now Jon and his team of Hellers (Mike and Mark) have decided the best defense is an offense. In the past they have contended that Jon was not adequately represented when he signed his TLC contract. TLC is represented by Washington, D.C. law firm Williams & Connolly.
In its lawsuit against Jon, TLC claims he has breached his contract repeatedly and points out that he and Kate had legal representation when dealing with the network. The lawsuit contends that their contract was renegotiated several times.
The lawsuit alleges that Jon has been paid by various media outlets and for promotional appearances, all prohibited by his contract.
RadarOnline.com has learned exclusively that Jon still has no formal representation in Maryland. Heller is not licensed to practice in the state and there is no paperwork in Montgomery County Circuit Court noting Jon's official legal representation. TLC's legal team from Williams & Connolly is headed by Paul Gaffney, one of the firm's partners. Gaffney will question Jon under oath during the legal proceeding for a preliminary injunction.
Jon is likely to argue that TLC is preventing him from earning a living with a contract that is too restrictive. In its court filing, TLC noted that it offered to keep paying Jon when it planned to change the show from Jon & Kate Plus 8 to Kate Plus 8. The suit also notes that TLC is not stopping Jon from earning a living and contends he is always able to go back to his former job in Information Technology.
Jon has prohibited the network from filming his children, saying he thinks the show has become harmful to them. That position is a reversal from his public comments in late July, when Kate's brother and sister in law claimed the show was harming the Gosselin kids. Jon said their claims were ridiculous and detailed that his children loved taping the show.
In its breach of contract suit, TLC is claiming damages because Jon's unauthorized business deals and interviews have basically created a competitor to their programming, which exists in reruns and other forms, even when original episodes are no longer being shot or aired.
One fact that neither side has addressed publicly is the cost of this litigation. Williams & Connolly is widely regarded as one of the best law firms in the country and has a reputation for "scorched earth" tactics, meaning that opponents rarely are left with any secrets by the time the discovery process is over. It is not known what the Hellers are charging Jon, but if litigation drags on in either lawsuit, the bill is likely to reach high six figures and beyond.